结汇、售汇及付汇管理规定 Administration of the Settlement, Sale and Payment of Foreign Exchange Provisions

中国人民银行令[1996]年1号（Promulgated by the People's Bank of China on 20 June 1996 and became effective as of 1 July 1996.）颁布日期：19960620 实施日期：19960701 颁布单位：中国人民银行

PART ONE GENERAL PROVISIONS

Article 1 These Provisions are specially formulated in order to standardize acts of settlement， sale and payment of foreign exchange and to realize the convertibility of Renminbi relating to current account items.

Article 2 Banks which operate foreign exchange business shall handle the settlement and sale of foreign exchange， opening of foreign exchange accounts and making of payments to payees outside China in accordance with these Provisions and the scope of business approved by the People's Bank of China and the State Administration of Exchange Control.

Article 3 Foreign exchange revenue of organizations inside the People's Republic of China， unless otherwise provided by the State， shall be repatriated to the People's Republic of China on a timely basis.

Article 4 Organizations inside the People's Republic of China， individual residents， foreign establishments inside the People's Republic of China and persons who have come to China shall effect the settlement and purchase of foreign exchange， opening of foreign exchange accounts and the making of payments to payees outside China in accordance with these Provisions.

Article 5 Organizations inside the People's Republic of China and individual residents that handle revenue and expenditure for foreign entities through banks which operate foreign exchange business shall handle the reporting of balance of payments statistics in accordance with the Balance of Payments Statistics Reporting Procedures and related regulations.

PART TWO SETTLEMENT， SALE AND PAYMENT OF FOREIGN EXCHANGE RELATING TO CURRENT ACCOUNT ITEMS

Article 6 With the exception of the scopes and amounts specified in Articles 7， 8 and 10 hereof， the following foreign exchange obtained by organizations inside the People's Republic of China shall be settled：

1. foreign exchange received from the export of goods， re-export of goods on the basis of advance payments before delivery or other transactions. Of which foreign exchange generated from trade exports and settled by means of documentary letters of credit/letters of guarantee or documentary collection may be settled on the strength of valid commercial documents. Foreign exchange generated from trade exports and settled by means of remittances shall be settled on the strength of the statements of verification and cancellation of foreign exchange received from exports；

2. foreign exchange received from the winning of international tenders for projects for which loans are sourced from outside the People's Republic of China；

3. foreign exchange received from duty-free mechandise business carried out inside the People's Republic of China under Customs supervision and control；

4. foreign exchange received from industries such as communications and transportation （including all means of transportation）， ports （including airports）， post and telecommunications （excluding international remittances and conversions）， advertising， consultancy， exhibition， sale by mail orders and maintenance， etc.， and from the provision of mechandise or services in all kinds of agency business；

5. all types of foreign exchange standard fees， fines and confiscated money， etc. received by administrative and judicial authorities；

6. foreign exchange received from the assignment of intangible assets such as leaseholds， copyrights， trademark rights， patent rights， non-patented technology， goodwill， etc.； however， if the above-mentioned intangible assets are owned by individuals， foreign exchange need not be settled；

11. net revenue from foreign exchange business of financial institutions that have obtained a Foreign Exchange Business Operation Permit；

12. foreign exchange received from foreign donations， financial assistance and aid； and

13. other foreign exchange to be settled， as specified by the State Administration of Exchange Control.

Article 7 With respect to the following foreign exchange， organizations inside the People's Republic of China （except for foreign investment enterprises） may apply to the State Administration of Exchange Control or a branch thereof （hereafter， “Administration of Exchange Control”） for approval to open foreign exchange accounts with banks which operate foreign exchange business and to effect foreign exchange settlement in accordance with regulations：

1. business-related current foreign exchange payments received by companies engaged in project contracting outside the People's Republic of China， or in the provision of labour services to， technological cooperation with， or other services to， entities outside the People's Republic of China in the course of their engagement in such business；

2. foreign exchange that is collected and paid on behalf of their principals by organizations acting as agents in business with foreign entities or with entities outside the People's Republic of China；

3. foreign exchange collected on a temporary basis for future payment or settlement， including tender deposits， performance bonds， foreign exchange received from entrep？t trade on the basis of making payments after delivery， foreign exchange remittances by the post and telecommunications authorities in their international remittance business， advance payments of foreign currency received by Category 1 travel services from foreign tourism organizations， foreign exchange received by the railway authorities from their engagement in transportation outside the People's Republic of China at guaranteed prices， foreign exchange bonds collected by Customs and security payments， etc. that are remitted from outside the People's Republic of China； and

4. premiums for foreign exchange insurance accepted by insurance institutions， premiums for insurance that is reinsured with insurance companies outside the People's Republic of China and premiums not yet settled.

The above-mentioned net foreign exchange revenue shall be sold to designated foreign exchange banks in full within a specific time.

Article 8 Foreign exchange donations and subsidies and foreign exchange specified in aid contracts to be used to make payments outside the People's Republic of China may be retained only upon the approval of the Administration of Exchange Control.

Article 9 Foreign exchange within the following scope may be retained：

1. foreign exchange of foreign embassies and consulates as well as international organizations in the People's Republic of China， and of establishments inside the People's Republic of China of other legal persons outside the People's Republic of China； and

2. foreign exchange of individual residents and of persons who have come to China.

Article 10 Foreign exchange revenue relating to current account items of foreign investment enterprises may be retained as foreign currency up to the maximum amount specified by the Administration of Exchange Control. The portion in excess of such amount shall be sold to a designated foreign exchange bank or through a foreign exchange swap centre.

Article 11 With respect to cash settlements of foreign exchange in excess of an amount equivalent to US$10，000， the person effecting the settlement shall provide authentic proof of identification and proof of the source of the foreign exchange to the designated foreign exchange bank. After registering the settlement， the designated foreign exchange bank shall report to the Administration of Exchange Control for the record.

Article 12 Organizations inside the People's Republic of China， individual residents， foreign establishments inside the People's Republic of China and persons who have come to China that are permitted to open foreign exchange accounts pursuant to Articles 7， 8， 9 and 10 hereof shall handle account opening procedures with banks which operate foreign exchange business in accordance with relevant regulations concerning the administration of foreign exchange accounts.

Article 13 With respect to the following foreign exchange to be used for making payments for trading and non-trading business to payees outside China， organizations inside the People's Republic of China shall make payments from their foreign exchange accounts， or effect conversion and payment at designated foreign exchange banks on the strength of valid commercial vouchers based on the method of payment and on the strength of specified valid supporting documents：

1. if it is necessary to purchase foreign exchange upon issue of letter of credit with respect to settlement of trade imports to be made by means of documentary letters of credit/letters of guarantee， payment shall be made or conversion and payment effected on the strength of the import contracts， statements of verification and cancellation of foreign exchange paid for imports and applications for issue of letters of credit； if it is necessary to purchase foreign exchange at the time of payment， valid commercial vouchers required for the method of settlement for letter of credit shall also be supplied. The original customs declaration forms for the imported goods shall be required for statements of verification and cancellation；

2. with respect to settlement of trade imports to be made by means of documentary collection， payment shall be made or conversion and payment effected on the strength of the import contracts， statements of verification and cancellation of foreign exchange paid for imports， notices of foreign exchange payment for imports and the valid commercial vouchers required for the method of settlement by documentary collection. The original customs declaration forms for the imported goods shall be required for statements of verification and cancellation；

3. with respect to settlement of trade imports to be made by means of remittances， payment shall be made or conversion and payment effected on the strength of the import contracts， statements of verification and cancellation of foreign exchange paid for imports， invoices， original customs declaration forms for the imported goods and original shipping documents； if the “consignee” on the bill of lading and the “business work unit” on the customs declaration form are not the same as the name of the purchaser set forth in the import contract， the agency agreement between the two shall also be provided.

4. with respect to advances on imports that do not exceed 15 per cent of the total amount of the contract， or that exceed 15 per cent of the total amount of the contract but do not exceed an equivalent value of US$100，000， payment shall be made or conversion and payment effected on the strength of the import contracts and the statements of verification and cancellation of foreign exchange paid for imports；

With respect to imports under items （1） to （4） above that are goods subject to import quota control or that are special products subject to import control， the licenses or import certificates issued by the relevant authority shall also be provided； with respect to imports that are goods for which a system of voluntary registration is being implemented， a completed registration form shall also be provided；

5. with respect to freight charges and insurance premiums for imports， payment shall be made or conversion and payment effected on the strength of the import contracts and the original receipts for such freight charges and insurance premiums；

6. with respect to implicit commissions that are to be paid in connection with exports and do not exceed two per cent of the total amount of the contract， and explicit commissions that are to be paid in connection with exports and do not exceed five per cent of the contract， or commissions in connection with exports that exceed the above-mentioned percentages but do not exceed an equivalent value of US$10，000， payment shall be made or conversion and payment effected on the strength of the export contracts or commission agreements， foreign exchange settlement receipts or notices of collection of accounts； with respect to freight charges and insurance premiums for exports， payment shall be made or conversion and payment effected on the strength of the export contracts and the original receipts for such freight charges and insurance premiums；

7. with respect to residual payments for imports， payment shall be made or conversion and payment effected on the strength of the import contracts， statements of verification and cancellation of foreign exchange paid for imports and quality certificates issued upon inspection of the goods；

8. with respect to incidental expenses in connection with imports and exports such as charges for materials， technology and information， etc.， payment shall be made or conversion and payment effected on the strength of the import or export contracts， statements of verification and cancellation of foreign exchange paid for imports or statements of verification and cancellation of foreign exchange received from exports， invoices or vouchers for payments received and letters of explanation signed by the person in charge of the import or export work unit；

9. with respect to foreign exchange to be used for the purchase of merchandise from bonded zones or for the purchase of exhibits brought into the country from outside the People's Republic of China， payment shall be made or conversion and payment effected on the strength of the valid supporting documents and valid commercial vouchers specified in items （1） to （8）；

10. with respect to the import of intangible assets such as patent rights， copyrights， trademarks and computer software， etc.， payment shall be made or conversion and payment effected on the strength of the import contracts or agreements；

11. with respect to foreign exchange to be restituted to foreign parties in connection with exports， payment shall be made or conversion and payment effected on the strength of the foreign exchange settlement receipts or notices of collection of accounts， compensation agreements， claim settlement certificates and proof of set off against the foreign exchange received for exports that was cancelled after verification；

12. with respect to tender deposits for projects contracted for outside the People's Republic of China， payment shall be made or conversion and payment effected on the strength of the tender documents； with respect to contract performance bonds and advanced payments for such projects， payment shall be made or conversion and payment effected on the strength of the contracts.

Article 14 With respect to the following payments for trading and non-trading business to be made to payees outside China by organizations inside the People's Republic of China， banks which operate foreign exchange business shall first effect payment from the foreign exchange accounts of their customers， or effect conversion and payment on the strength of the payment lists provided by their customers and subsequently verify the matter：

1. payments to be made by duty-free goods companies approved by the State Council for the import of duty-free merchandise dealt in by them within their specified scopes of business；

2. international coordinated transport expenses， equipment maintenance expenses， tolls on stations and airports， fuel supply charges， insurance premiums， fees for non-lease-financing arrangements， and other service charges to be paid to payees outside the People's Republic of China by civil aviation， marine and railway authorities （organizations）；

3. meal and allowance subsidies to be paid by civil aviation， marine and railway authorities （organizations） to personnel engaged in international operation；

4. fees to be paid by post and telecommunication departments in connection with their international post and telecommunications business.

Article 15 With respect to the following foreign exchange payments to payees outside China， organizations inside the People's Republic of China shall make payment from their foreign exchange accounts， or effect conversion and payment at a designated foreign exchange bank upon verification by the Administration of Exchange Control of their authenticity：

1. advances on purchases that exceed the ratios and amounts specified in item （4） of Article 13 hereof；

2. commissions that exceed the ratios and amounts specified in item （6） of Article 13 hereof；

3. payments to payees outside China in connection with entrep？t trade on the basis of advanced payments before delivery；

4. payment of interest on foreign debts； and

5. cash withdrawals in excess of an equivalent value of US$10，000.

Article 16 With respect to the payment of interest on foreign exchange loans taken out in the People's Republic of China from financial institutions with Chinese capital， organizations inside the People's Republic of China shall make payment from their foreign exchange accounts， or effect conversion and payment at designated foreign exchange banks， on the strength of the （On-Lent） Foreign Exchange Loan Registration Certificate， loan contract and the creditor's interest payment notice.

Article 17 Foreign exchange to be used for non-trading and non-commercial purposes by authorities， institutions and social organizations that are included in the financial budget shall be handled in accordance with the Financial Control of Foreign Exchange for Non-Trading and Non-Commercial Purposes Tentative Provisions.

Article 18 With respect to the following foreign exchange to be used for non-commercial purposes by organizations inside the People's Republic of China that are not included in the budget， payment shall be made from their foreign exchange accounts， or conversion and payment shall be effected at designated foreign exchange banks， on the strength of the specified valid vouchers：

1. with respect to foreign exchange to be used for the holding of exhibitions， attraction of investment， training or shooting of cinematographic and television pictures， etc.， outside the People's Republic of China， payment shall be made or conversion and payment effected on the strength of the contracts， the payment notices of the organizations outside the People's Republic of China and the approval documents of the authorities-in-charge；

2. with respect to foreign publicity expenses， foreign aid expenses， foreign exchange for foreign donations， membership dues for international organizations and registration and enrollment fees for participation in international conferences， payment shall be made or conversion and payment effected on the strength of the approval documents and the relevant letters of the authorities-in-charge；

3. with respect to the start-up expenses and annual budget of representative offices or office establishments set up outside the People's Republic of China， payment shall be made or conversion and payment effected on the strength of the documents of the authorities-in-charge that approved the setup of such offices or establishments， and the budget proposals；

4. with respect to examinations fees to be paid to payees outside the People's Republic of China by the foreign examinations coordination organization of the State Education Commission， payment shall be made or conversion and payment effected on the strength of the contracts with the foreign parties and the statements of account or settlement notices of the foreign examinations institutions；

5. with respect to expenses required for the handling of trademark and copyright registration， patent applications and legal and consultancy services， etc.， outside the People's Republic of China， payment shall be made or conversion and payment effected on the strength of the contracts and invoices； and

6. with respect to expenses for foreign travel for official business， payment shall be made or conversion and payment effected on the strength of the approval documents for the assignments requiring foreign travel issued by departments authorized by the State.

With respect to foreign exchange to be used for non-commercial purposes other than that set forth in items （1） to （6） above， organizations inside the People's Republic of China shall make payment from their foreign exchange accounts， or effect conversion and payment at designated foreign exchange banks， after the Administration of Exchange Control has verified the authenticity of the uses.

Article 19 Foreign exchange of individual residents used for private purposes shall be handled in accordance with the Conversion of Foreign Exchange for Private Purposes by Residents of the People's Republic of China Procedures and the Remittance of Foreign Exchange Deposits Out of the People's Republic of China by Residents of the People's Republic of China Provisions.

Article 20 After individual residents leave the People's Republic of China to reside elsewhere， conversion and payment of the following lawful Renminbi earnings shall be effected at designated foreign exchange banks authorized by the Administration of Exchange Control on the strength of proof of their identification and the specified valid vouchers：

1. with respect to interest on Renminbi deposits， conversion and payment shall be effected on the strength of the statements of interest on Renminbi deposits；

2. with respect to rentals generated from the lease of premises， conversion and payment shall be effected on the strength of the premise lease contracts and the certificates from the authorities for the administration of the lease of such premises； and

3. with respect to earnings from other assets， conversion and payment shall be effected on the strength of relevant supporting materials and statements of earnings.

Article 21 With respect to the outward remittance of after-tax profits or bonuses of the foreign investors in foreign investment enterprises after payment of tax according to law， payment shall be made from their foreign exchange accounts， or conversion and payment effected at designated foreign exchange banks， on the strength of the written resolutions of the board of directors on profit distribution.

With respect to the Renminbi wages and other legitimate earnings of foreign， overseas Chinese， Hong Kong， Macao and Taiwanese staff and workers of foreign investment enterprises after payment of tax according to law， conversion and payment shall be effected at designated foreign exchange banks on the strength of supporting materials.

Article 22 With respect to dividends which regulations require to be paid in a foreign currency， payment shall be made from the foreign exchange accounts， or conversion and payment effected at designated foreign exchange banks on the strength of the written resolutions of the board of directors on profit distribution after payment of tax according to law.

Article 23 With respect to lawful Renminbi revenue of foreign establishments inside the People's Republic of China and persons who have come to China that needs to be remitted out of the People's Republic of China， conversion and payment shall be effected at designated foreign exchange banks authorized by the Administration of Exchange Control on the strength of the supporting materials and charge slips.

Article 24 If foreign establishments inside the People's Republic of China and persons who have come to China need to remit the Renminbi proceeds out of the People's Republic of China from the sale of the goods， equipment and appliances， etc.， that they have brought into or purchased in the People's Republic of China for personal use， conversion and payment shall be effected at designated foreign exchange banks authorized by the Administration of Exchange Control on the strength of the business registration certificates or the proof of identification of the persons in question， and the sales vouchers.

Article 25 Foreign nationals， overseas Chinese and compatriots from Hongkong， Macao or Taiwan coming to China on a temporary basis may， upon departure from the People's Republic of China， convert the Renminbi they have not spent into foreign exchange on the strength of their own passports and the original conversion slips （valid for six months） for bringing out of the People's Republic of China.

PART THREE SETTLEMENT， SALE AND PAYMENT OF FOREIGN EXCHANGE RELATING TO CAPITAL ACCOUNT ITEMS

Article 26 Organizations inside the People's Republic of China shall open foreign exchange accounts with banks which operate foreign exchange business for their foreign exchange relating to capital account items.

Article 27 Foreign exchange of organizations inside the People's Republic of China within the following scope may not be settled without the approval of the Administration of Exchange Control：

2. foreign exchange derived from the taking out of loans and the issuance of bonds and shares denominated in foreign currencies outside the People's Republic of China； and

3. other foreign exchange revenue relating to capital account items approved by the State Administration of Exchange Control.

No settlement may be made except for international commercial loans taken out by wholly Chinese-owned enterprises and domestic foreign exchange loans in connection with the negotiation of trade bills.

Article 28 Foreign exchange received by organizations inside the People's Republic of China from the sale of real property and other assets to purchasers outside the People's Republic of China shall be sold to designated foreign exchange banks， except for the amount specified in Article 10 hereof.

Article 29 With respect to the repayment of the principal of foreign exchange loans taken out by organizations inside the People's Republic of China from financial institutions with Chinese capital inside the People's Republic of China， payment shall be made from their foreign exchange accounts， or conversion and payment effected at designated foreign exchange banks， on the strength of the （On-Lent） Foreign Exchange Loan Registration Certificates， the loan contracts and the notices of repayment of principal issued by the creditor institutions.

Article 30 With respect to the following foreign exchange relating to capital account items to be used by organizations inside the People's Republic of China， application shall be made to the Administration of Exchange Control on the strength of the specified valid vouchers， and payment shall be made from their foreign exchange accounts， or conversion and payment effected at designated foreign exchange banks， on the strength of the approval documents issued by the Administration of Exchange Control：

1. with respect to repayment of the principal of foreign debts， payment shall be made or conversion and payment effected on the strength of the Foreign Debt Registration Certificates， the loan contracts and the notices of repayment of principal issued by the creditor institutions；

2. with respect to foreign exchange to be used for performance bonds to be provided to foreign parties， payment shall be made or conversion and payment effected on the strength of the guarantee contracts， the Foreign Exchange Guarantee Registration Certificates issued by the Administration of Exchange Control and the payment notices issued by the organizations outside the People's Republic of China；

3. with respect to outward remittance of funds to be invested outside the People's Republic of China， payment shall be made or conversion and payment effected on the strength of the approval documents issued by the State authorities-in-charge and the investment contracts；

4. with respect to registered capital that is， following approval， to be contributed in foreign exchange by Chinese investors in foreign investment enterprises， payment shall be made or conversion and payment effected on the strength of the approval documents issued by the State authorities-in-charge and the contracts.

Article 31 With respect to an increase in， or assignment or disposal by other means of the foreign exchange capital funds of foreign investment enterprises， payment shall be made from their foreign exchange accounts or， on the strength of the foreign exchange sales notices issued by the Administration of Exchange Control， conversion and payment shall be effected at designated foreign exchange banks， after approval has been obtained from the Administration of Exchange Control on the strength of the resolution of the board of directors.

Investment inside the People's Republic of China of foreign exchange capital funds by foreign investment enterprises with an investment nature， use of profits derived by the foreign party to increase its capital contributions inside the People's Republic of China and reinvestment inside the People's Republic of China of profits derived by the foreign party shall be carried out on the strength of the approval documents of the Administration of Exchange Control.

PART FOUR SUPERVISION AND CONTROL OF THE SETTLEMENT， SALE AND PAYMENT OF FOREIGN EXCHANGE

Article 32 Foreign investment enterprises may effect settlement and sale of foreign exchange at designated foreign exchange banks and may also buy and sell foreign exchange at foreign exchange swap centers. Other organizations inside the People's Republic of China， individual residents， foreign establishments inside the People's Republic of China and persons who have come to China may effect settlement and sale of foreign exchange only at designated foreign exchange banks.

Article 33 When payment to a payee outside China is made from a foreign exchange account， banks which operate foreign exchange business shall examine and verify the matter and effect payment according to the prescribed scope of payments into and out of the foreign exchange account and the corresponding provisions of Parts 2 and 3 hereof.

Article 34 After carrying out sales and payments of foreign exchange， designated foreign exchange banks shall sign and seal the relevant valid vouchers and valid commercial documents and keep them for future reference.

Article 35 Designated foreign exchange banks shall determine the prices for buying and selling foreign exchange from and to customers and carry out settlement and sale of foreign exchange business at the media prices according to the Renminbi exchange rates announced daily by the People's Bank of China and the prescribed range of differences in the buys and sells.

Article 36 Payments from foreign exchange accounts or payments made with purchased foreign exchange shall be effected on the date for the relevant method of payment or the date specified in the contract. No payments may be made to payees outside China ahead of that date. Except for foreign exchange to be used to repay a principal sum and/or pay the interest thereon and foreign exchange to be used as security money for letters of credit/letters of guarantee， foreign exchange may not be purchased in ahead of the date.

Article 37 Designated foreign exchange banks may handle forward sale and purchase of Renminbi and foreign currency and other hedging business in accordance with relevant regulations on behalf of work units that use foreign exchange and have forward contracts or debt payment agreements， in order to protect such work units from risks involved in rate fluctuations.

Article 38 Without the approval of the Administration of Exchange Control， no foreign exchange may be purchased or paid from a foreign exchange account for barter trade imports.

Article 39 Banks which operate foreign exchange business shall submit statements of their foreign exchange settlements， sales and payments to the Administration of Exchange Control in accordance with regulations.

Designated foreign exchange banks shall establish systems for internal supervision and control of the settlement and sale of foreign exchange， and shall promptly report to the local branch or sub-branch of the State Administration of Exchange Control if they encounter any unusual circumstances in the settlement and sale of foreign exchange.

Article 40 Organizations inside the People's Republic of China shall select a bank which operates foreign exchange business in the place where they are registered， open a foreign exchange account with such bank and carry out settlement， purchase and payment of foreign exchange in accordance with these Provisions. To open foreign exchange accounts elsewhere in China or abroad， organizations inside the People's Republic of China shall apply to the Administration of Exchange Control.

Upon approval， foreign investment enterprises may select a bank which operates foreign exchange business in the place where they are registered and open a foreign exchange settlement account with such bank for their foreign exchange revenue from current account items.

Article 41 Banks which operate foreign exchange business and organizations inside the People's Republic of China which carry out settlement， purchase and payment of foreign exchange shall unconditionally be subject to supervision and inspection by the Administration of Exchange Control and shall present and provide relevant materials. Anyone that violates these Provisions may be punished by the Administration of Exchange Control by means of issuance of a warning， confiscation of illegal income or imposition of a fine. If a bank which operates foreign exchange business violates these Provisions and the circumstances are serious， the Administration of Exchange Control may punish such bank by suspending its business of settling and selling of foreign exchange.

PART FIVE SUPPLEMENTARY

Article 42 The State Administration of Exchange Control shall be responsible for interpreting these Provisions.

Article 43 These Provisions shall be effective as of 1 July 1996. The Administration of the Settlement， Sale and Payment of Foreign Exchange Tentative Provisions promulgated on 26 March 1994 shall simultaneously be repealed. In the event of any conflict between other regulations and these Provisions， these Provisions shall prevail.